Allay Claims strikes again, again

[echat11]

[QUOTE=Billybudd;n1596450]

If you need help with this responding promptly is critical. Just looking at the dates again you've got 28 days from the date of service of the claim to file a defence, which means it's got to be in by about this weekend so we need to work fast.

You had previously sent me 2 'letters before claim' - one dated 19 Aug for £151.38 and another dated 14 Aug for £382.59, and it's the latter that they appear to have issued the claim for.

The 2 invoices you sent me are for £151.38 and £35.69 respectively and so don't appear to be related to the claim.

1. Did you ever reply to the letters before claim?

2. In the docs you previously sent me I don't have an invoice or any paperwork relating that particular invoice or the claim it's related to. Do you have it?

3. I have no idea if you received a PPI refund in relation to the commission of £382.59 that they're claiming or if they did, whether it was a result of them claiming it from the bank or you (or another CMC). Do you know?

Thank you for your help.

EXC Can you take a look and advise, many thanks.


Hi There, in answer to your questions,

1. No I didn't respond to the letters. My wife was ill over last few months and let all this get on top of me.

2. I will have another look this evening, but can't find it so far.

3. As far as I know, I already had a direct claim going through the Financial Ombudsman with Natwest, so dont know for sure if it was directly a result of them winning for me. I did get a Cheque in the end from Natwest

[EXC]

Ok a couple more questions:

1. How much was the cheque from Nat West for?

2. In your first post you said you had the claim managed by Allay via Facebook. Was that a 'free PPI check' like this? ONLINE Hidden Insurance Checker Service (archive.org)

Let me know later if you manage to find the stuff I asked for.

I'm happy to help draft a defence but because you didn't reply to the letter before claim we've missed the opportunity to request documents etc so we're going to have to defend blind. We can (and should) send them a Part 18 Request for the documents but obviously we won't get them in time to file the defence.

This is going to be a long and complicated process and may well result in you having to attend a court hearing with no guarantee you'll succeed. I'm not sure of your situation but it might be worth considering making them an offer to settle, for say two hundred quid, but only after we've filed the defence.

[EXC]

....one other thing, the image of the claim form that you sent me (below) appears to have some words missing at the end of the first paragraph. Could you check it and send me it again? I assume it was sent to you in PDF so could you send me it the PDF?

[Billybudd]

Hi There, I've sent you a copy scan of original court claim form.

To answer the above.

Yes I did reply to a facebook advert as per above.

the cheque amounts I think was £630 and £148

I will check my statements fully when I get in later. thanks!

[EXC]

Ok thanks! I've replied to your email.

[EXC]

You'll see I've sent you a defence and Part 18 request. I've sent each in both Word and PDF format as you'll need to drop in an image of your signature on both, so maybe easier to do that in Word but save and send them as PDFs.

If you're happy with them file both the defence and Part 18 request as per the instructions on the moneyclaim site. Then email AJJB attaching them, using the claim number (H6KZ9M5T) as the subject with the following in the body of the email:

Dear Sirs

Re claim no H6KZ9M5T

Please find attached, by way of service, my defence and Part 18 Request as filed with the court today.

Please acknowledge receipt by return.

Yours

Mr .........

Now they'll realise you'll be no pushover and given that normally legal costs aren't awarded in the small claims court, all they've got to gain is 400 odd quid for an awful lot of work in preparing their case and attending court. They must realise it simply isn't an economical risk worth taking and hopefully see sense and drop the claim.

[Billybudd]

Thank you so much, Defense done, not so sure about Part 18 section though, cant find where to attach? I guess a copy goes to the claimant by email too?

[EXC]

I'm not too familiar with the moneyclaim site these days but you can file the Part 18 by email to mcol@hmcts.gsi.gov.uk and to kill two birds, copy in the claimant.

Put the claim number as the subject and write:

Dear Sirs

Re claim no H6KZ9M5T

Please find attached the Defendant's Part 18 Request for filing.

By way of service I have copied in the Claimant


Yours

Mr .........

Defendant

[Billybudd]

Ok, I have done this now. the MCOL email bounces back with an auto reply email, informing to contact ccbcaq@justice.gov.uk instead which I did...

Thank you so much for your help.

[EXC]

No probs, keep us posted.

[Billybudd]

Hi There,
Sent part 18 request by email to claimant, got this reply back... does it sound right? many thanks!

We refer to your request under Part 18 for various documents.

We would refer you to Part 27.2 (1) (f) whereby Part 18 does not apply to Small claims. Our client is currently considering your defence.

If our client decides to proceed with this claim we will at an early stage provide you with the information on which we intend to rely upon at any court hearing. This will include some of the matters requested in your part 18 request.

[EXC]

Just checked and they're right on the Part 18 request but the fact they've admitted that they don't know if they'll proceed with the claim is interesting.

They've got 33 days from the date you filed your defence to inform the court that they intend to proceed otherwise the claim is stayed and they'd have to apply (with a fee) to have the stay lifted.

[Billybudd]

Hi there, With regard to this claim, I just got a letter this morning from County Court Business Centre. It is a notice of Proposed allocation to the small claims track, and a form about the mediation service. Please can I get some advice on what to do? many thanks

[EXC]

Hiya

Yes that's perfectly normal. Can you send the allocation questionnaire to me before you respond? I don't need to see the mediation form.